Negligent Entrustment

Negligent entrustment is a legal doctrine in tort law that holds a person or entity (the entrustor) liable for harm caused by another person (the entrustee) to whom they have entrusted property or a dangerous instrumentality, such as a vehicle, firearm, or other potentially harmful tool. The key factor is that the entrustor knew or should have known that the entrustee was likely to use the property in a way that could cause harm to others.

Key Elements of Negligent Entrustment:

• Entrustment of property or control: The entrustor provides the entrustee with control over something potentially dangerous.
• Knowledge of unfitness or incompetence: The entrustor knew or should have known that the entrustee was incompetent, unfit, or likely to misuse the property. This can be based on factors such as the entrustee’s age, experience, prior reckless behavior, intoxication, or physical/mental limitations.
• Foreseeable risk of harm: The entrustee’s use of the property creates an unreasonable risk of harm to others.
• Causation: The entrustee’s misuse of the property causes injury or damage.

Common Contexts:

• Vehicle owners allowing an unfit driver to operate their car.
• Employers providing dangerous tools or vehicles to employees they know are incompetent or reckless.
• Gun owners entrusting firearms to individuals likely to misuse them.

Legal Consequences:

• The entrustor can be held civilly liable for damages caused by the entrustee.
• In some cases, punitive damages may be awarded if the entrustor’s conduct was particularly egregious.
• Liability arises because the entrustor has a duty of care to prevent foreseeable harm by not entrusting dangerous property to unfit persons.

In summary, negligent entrustment is about holding someone responsible for harm caused by another person when they negligently gave that person control over something dangerous, knowing the risks involved.